Stephen Moller was charged in the death of Sean Kennedy in May of 2007.

Moller served about seven months in jail and was released on bond after his charges were downgraded from murder to manslaughter.

On Wednesday, a judge sentenced Moller to five years in prison, suspended to three years and with seven less months for time served. His attorney said he will probably serve about a year and a half.

Moller and Kennedy were outside Brews bar on Pelham Road when Moller used a slur and punched Kennedy, who was openly gay.

Kennedy fell to the ground and hit his head on the pavement. He died about 20 hours later.

Moller addressed the court Wednesday.

He said, "I wish that young people weren't allowed to be out late at night and the bars were not allowed to serve them alcohol. I think if that hadn't taken place, we wouldn't be here. We wouldn't be here today."

For Kennedy's mother, the apology was not enough

"You know, I knew that he was going to make an apology because that looks good in the court," Elke Kennedy said. "I'm not ready to accept that apology at this point."

Family Points To Transcript Of Call

Kennedy's family said that gay slurs that were used by Moller in a phone call that he made to a friend of Sean Kennedy about 15 minutes after he assaulted Kennedy showed that it was a hate crime.

This is a transcript of the call that was read in court before Moller's sentence:

"Hey. (laughter) Whoa stop. (laughter) Hey, I was just wondering how your boyfriend's feeling right about now. (laughter) (??) knocked the f--- out. (laughter). The f------ faggot. He ought to never stick his mother-f------ nose (??) Where are you going? Just a minute. (laughter). Yea boy, your boy is knocked out, man. The mother-------. Tell him he owes me $500.00 for breaking my god---- hand on his teeth that f------ bitch"

South Carolina does not have legislation that allows the designation of a hate crime.

Attorney, Victim's Mother React To Sentence

Following the sentence, Elke Kennedy said, "There was no justice today for Sean. The sentence that Stephen Moller received, in my opinion, is a joke and a slap on the wrist. Once again, it proves that in South Carolina there is no justice."

She said, "I understand that the judge had to sentence according to the plea agreement and the existing restrictions under the law. But it doesn't make it any easier for me. Our judicial system, in my opinion, is a joke."

Kennedy said, "Our solicitor invited me to help him with the changing these laws. Well, Mr. Ariail, I am here and I am willing."

"I will still continue to push to get laws changed so no other mother has to stand here to tell you the same things," she said.

Defense attorney Ryan Beasley said, "After several months of investigating and getting statements from Sean's friends, there was no evidence whatsoever that there was any kind of hatred toward Sean Kennedy or hatred toward gays. I mean, Stephen had no idea he was gay until after the fact. It's just a freak incident that should never have happened."

Beasley said that involuntary manslaughter was the appropriate charge because it is legally defined as "the unintentional killing of another without malice, but while engaged in an unlawful activity not naturally tending to cause death or great bodily harm; or the unintentional killing of another without malice, while engaged in a lawful activity with reckless disregard for the safety of others."

Beasley said he thinks the sentence was harsh.

"In my opinion, I think it's too much because he's a kid. And he punched somebody just like anybody else has punched somebody in a bar. It's always wrong and he does deserve to be punished. But I think it's just a freak incident that he died," he said.

"It doesn't matter how much time he got," Beasley said. "He's going to be devastated by this for the rest of his life."

Group Says Sentence Not Appropriate

A group called South Carolina Equality compared some other sentences with what Kennedy will serve. They said felony ill treatment of animals (torture or killing) is punishable by up to five years in prison, with sentences raging from 180 days to five years. Cockfighting is punishable with sentences ranging from one to three years and/or a $1,000 fine.

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